CAN STATES RESTRICT THE CONSTITUTIONAL RIGHT TO BEAR ARMS BY FOLLOWING THE DESIGN OF TEXAS BILL 8?

42 Pages Posted: 3 Mar 2022 Last revised: 13 Aug 2023

See all articles by Amin R. Yacoub

Amin R. Yacoub

New York University School of Law

Becky Briggs

University of San Diego

Date Written: January 12, 2022

Abstract

In September 2021, the Texas Bill 8 (“the act”) or (“S.B. 8”) was put into effect. The act banned abortion in Texas that takes place after six weeks of pregnancy — reversing the US Supreme Court decision of Roe v. Wade. To achieve that end, the Texas legislature uniquely designed the act to withstand legal and constitutional challenges. The Texas legislature conferred the enforcement of the act upon private individuals rather than Texas state officials. By transferring enforcement to private individuals, Texas officials cannot be subject to injunctions preventing them from enforcing the act. Further, private individuals cannot be subject to injunctions either, as they lack an official capacity to represent Texas in enforcing the act. This leaves the act immune against most challenges. On the other hand, the number of gun-violence deaths and injuries have spiked in the United States. The correlation between the Second Amendment right of bearing arms and the prevalent gun violence in the United States cannot be denied. In this research, we attempt to answer the question of whether states may adopt the Texas Bill 8 unique design as a backdoor to block or restrict the Second Amendment right of bearing arms to achieve public safety.

Keywords: constitutional law, abortion, SB8, abortion law, abortion, second amendment, gun violence.

Suggested Citation

R. Yacoub, Amin and Briggs, Becky, CAN STATES RESTRICT THE CONSTITUTIONAL RIGHT TO BEAR ARMS BY FOLLOWING THE DESIGN OF TEXAS BILL 8? (January 12, 2022). University of Pennsylvania Journal of Constitutional Law, Vol. 25, No. 2, 2023, Available at SSRN: https://ssrn.com/abstract=4024513 or http://dx.doi.org/10.2139/ssrn.4024513

Amin R. Yacoub (Contact Author)

New York University School of Law ( email )

Becky Briggs

University of San Diego ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

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